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UNITED STATES v. JONES (2019)

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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Cliffton Earl-Shane JONES, Defendant-Appellant

No. 18-40345

Decided: January 24, 2019

Before BENAVIDES, HIGGINSON, and ENGELHARDT, Circuit Judges. William Richardson Tatum, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Sherman, TX, for Plaintiff-Appellee Cliffton Earl-Shane Jones, Pro Se

Cliffton Earl-Shane Jones was convicted by a jury of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, Jones argues that his Texas aggravated assault conviction is not a crime of violence pursuant to U.S.S.G. § 2K2.1(a)(4)(A). We review the district court’s interpretation and application of the Sentencing Guidelines de novo. United States v. Baker, 742 F.3d 618, 620 (5th Cir. 2014). Because, as Jones acknowledges, his argument is foreclosed by United States v. Guillen-Alvarez, 489 F.3d 197, 200-01 (5th Cir. 2007), the district court correctly determined that his conviction for Texas aggravated assault constituted a crime of violence under § 2K2.1(a)(4)(A). See also United States v. Shepherd, 848 F.3d 425, 427-28 (5th Cir. 2017); United States v. Guzman, 797 F.3d 346, 348 (5th Cir. 2015).

Accordingly, the district court’s judgment is AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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